Louisiana gun rights decision not as bad as it looks

On the surface, the 5th US Circuit Court of Appeals decision to uphold a decision by a federal judge to dismiss a Second Amendment challenge by a man arrested for drugs whose firearm was confiscated by law enforcement and not returned to him after charges were dropped, appears to be a set back for gun rights. However, the issue was not whether the man has a right to bear arms, but whether that right was absolute with regard to his property. NOLA: U.S. District Judge Jay Zainey dismissed the claims in December 2010, saying Houston failed to allege sufficient facts to show how authorities violated his right to bear arms by retaining his pistol. In its majority opinion, a three-judge panel from the 5th Circuit said some regulation of firearms falls outside the reach of the Second Amendment, just as obscenity and defamation aren't protected as free speech by the First Amendment. "The right protected by the Second Amendment is not a property-like right to a specific firearm, but...(Read Full Post)